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Bombay High CourtCA/36/2021disposed off

Shalini W/O Atmaram Zine v. New India Assurance Co.Ltd., Through Its Authorized Official Adalat Road, Aurangabad

2021-01-08Hon'Ble Shri Justice M. G. Sewlikar2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 36 OF 2021 IN FIRST APPEAL NO. 2268 OF 2020 Shalini w/o Atmaram Zine Applicant

Versus

New India Assurance Co. Ltd.

Respondent Mr. V.T. Patil, Advocate for the applicant.

Mr. A.S. Usmanpurkar, Advocate for respondent. CORAM : M.G. Sewlikar, J.

DATE : 8th January, 2021.

PER COURT :

1.

Shri Usmanpurkar, learned counsel for respondentinsurance company states that the driver was not having driving licence at the time of the accident. According to him, the licence was valid upto 25th December, 2017 whereas the accident took place on 21st August, 2018. Ignoring this, the tribunal has fastened the liability on the insurance company.

2.

Having regard to this, following order is passed :-

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ORDER

50% of the amount of compensation be paid to the applicant on furnishing undertaking on usual terms.

( M. G. SEWLIKAR ) JUDGE dyb